Opinion
No. CIV S-10-0528 JAM DAD PS.
August 9, 2011
ORDER
Plaintiff, William Whitsitt, is proceeding in this action pro se and in forma pauperis pursuant to 28 U.S.C. § 1915. The case was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On May 17, 2011, plaintiff was ordered to submit to the United States Marshal a properly completed USM-285 form, a properly completed summons form, and the number of copies of the endorsed complaint required by the United States Marshal. (Order May 17, 2011 (Doc. No. 3)). Plaintiff was instructed that "the required documents shall be submitted directly to the United States Marshal either by personal delivery or by mail to: United States Marshals Service, 501 I Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030)." (Id. at 3.)
On June 20, 2011, plaintiff was again ordered to submit to the United States Marshal a properly completed USM-285 form, a properly completed summons form, and the number of copies of the endorsed complaint required by the United States Marshal. (Order June 20, 2011 (Doc. No. 7.) Plaintiff was again instructed that "the required documents shall be submitted directly to the United States Marshal either by personal delivery or by mail to: United States Marshals Service, 501 I Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030)." (Id. at 7.)
On July 22, 2011, plaintiff sent a letter to the Clerk of the Court, stating, "I am mailing the Summon (sic) Request for US Marshal Service because I was not given an Address of US Marshall (sic). Please sent (sic) to US Marshall (sic)." (July 22, 2011 Letter (Doc. No. 8) at 1.) Along with this letter plaintiff submitted a completed USM-285 form and a completed summons form, but did not provide any copies of the endorsed complaint.
Contrary to plaintiff's claim, plaintiff was given the address, and the phone number, of the United States Marshal. In fact, plaintiff was provided that information on two occasions. In proceeding with this action, it is imperative that plaintiff observe and comply with the rules and orders of this court. In this regard, the summons and USM-285 form plaintiff submitted to the Clerk of the Court on July 22, 2011, will be returned to plaintiff so that plaintiff may properly comply with the orders of this court.
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to return to plaintiff the summons and USM-285 form plaintiff submitted to the Clerk of the Court on July 22, 2011 (Doc. No. 8).
2. Within thirty (30) days after this order is served, plaintiff shall submit to the United States Marshal a properly completed USM-285 form, a properly completed summons form, and the number of copies of the endorsed complaint and of this order required by the United States Marshal; the required documents shall be submitted directly to the United States Marshal either by personal delivery or by mail to: United States Marshals Service, 501 I Street, Suite 5600, Sacramento, CA 95814 (tel. 916-930-2030).
3. Within ten (10) days after submitting the required materials to the United States Marshals Service, plaintiff shall file with this court a declaration stating the date on which he submitted the required documents to the United States Marshal. Failure to file the declaration in a timely manner may result in an order imposing appropriate sanctions.
4. Within thirty (30) days after receiving the necessary materials from plaintiff, the United States Marshal is directed to serve process on defendant Brett Hicks, without prepayment of costs.
5. The Clerk of the Court is directed to serve a copy of this order on the United States Marshal.
DATED: August 8, 2011.